Court : Delhi
Reported in : 1998IVAD(Delhi)197; 1998(46)DRJ537
..... detail it would be necessary to notice that the banking, public financial institutions and negotiable instruments laws (amendment) act, 1988 (no.vi of 1988) inserted chapter xvii, comprising of five sections, namely, sections 138 to 142 w.e.f. april 1, 1989. as is reflected from the preamble to the amendment act, the provisions were incorporated with a view to enhance the acceptability of the cheques in ..... the firm as well as the partners thereof. the petitioners being aggrieved of the above said order have filed the instant petition under section 482 of the code of criminal procedure.6. i have heard the learned counsel for the parties. learned counsel for the petitioners pointed out that the respondent had invoked the bank guarantee which action was challenged by the ..... the question as to whether the case has to be referred to a larger bench with regard to the application of section 473 of the code of criminal procedure and section 5 of the limitation act will have to be considered subsequently depending upon the answer to the question, namely, as to when the petitioners were served with the notice of demand ..... explanationn: for the purpose of this section, 'debt or other liability' means a legally enforceable debt or other liability.' cognizance of offences.142. notwithstanding anything contained in the code of criminal procedure, 1973 2 1974-(a) no court shall take cognizance of any offence punishable under section 138 except upon a complaint, in writing, made by the payee or, as the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1956SC559; (1956)58BOMLR995; 1956CriLJ1104; 1SCR506
..... not struck down by this court. on the other hand, in the case (1)  s.c.r. 519. of state of madras v. v. g. row(1), section 15(2)(b) of the indian criminal law (amendment) act, 1908, as amended by the indian criminal law amendment (madras) act, 1950, was held to be unconstitutional as the restrictions imposed on the fundamental right to form associations were not held ..... offence and to send him to the nearest magistrate for such action which he considers fit or as may be feasible under sections 107 to 110 of the criminal procedure code. section 57 of the act constitutes a very wide departure from such a provision and there must be clear justification for so serious an encroachment on personal liberty as is contemplated therein. a ..... covered the whole of the state of bombay as it was constituted after independence. the two acts aforesaid were repealed by the impugned act which consolidated the law for the regulation of the police force in , the state of bombay which appears from the following preamble of the act-.- "whereas it is expedient to amalgamate the district and greater bombay police forces in the state ..... of bombay into one common police force and to introduce uniform methods regarding the working and control of the said force throughout the state". broadly speaking, section 46 of act iv of 1890 and. section 27 .....Tag this Judgment!
Court : Chennai
Reported in : AIR1948Mad326; (1948)2MLJ165
p.v. rajamannar, officiating c.j.1. this is an application under section 23 of the indian press (emergency powers) act, 1931, as amended by the criminal law amendment act, 1932, to set aside the order of the provincial government, dated 7th august, 1947, passed under section 7(3) of the said act, directing the petitioner who is the publisher of a newspaper entitled, ' prajasakthi ' to deposit with the ..... district magistrate of kistna on or before 25th august, 1947, security to the amount of rs. 2,000. the ground on which the order was passed is contained in the preamble to the order of the government which ..... runs thus:whereas it appears to the government of madras that the issues, dated 7th, 12th march, and 8th, 26th and 28th july, 1947, of the newspaper entitled ' prajasakthi ' published at the ' prajasakthi press ', bezwada and in respect of which newspaper security under the provisions of the indian press (emergency powers) act, 1931 ..... in for criticism. now it is quite clear that before we can hold that the words in question have the tendency set out in clause (d) of section 4(1) of the act it must be clear to us that this tendency must be felt by the ordinary man in the street. in our opinion, it would not be sufficient that a .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1979Cal273,83CWN669
..... act also protection to non-agricultural tenants has been specifically provided for. mr. ghosh drew our attention to decisions of english courts which the supreme court has referred to in asgarali v. state of bombay, : 1957crilj605 . in this case the supreme court was construing the meaning of the word 'pending' in sections 10 and 7 of the criminal law amendment ..... 1, 1950. the west bengal premises rent control act, 1950 came into force on the 30th november, 1950, changing, inter alia, the definition of tenant as already noted. an appeal against the decree for ejectment dated the 31st august, 1950, was filed on the 4th december, 1950, when the amending act ..... passed by the assembly with some minor changes.'29. mr. ghosh also relied on the preamble to the 1949 act which said that this was 'an act to make better provision relating to the law of landlord and tenant in respect of certain non-agricultural tenancies in west bengal.'30. ..... determined under the provisions of subsection (3) of section 12 of the west bengal premises rent control (temporary provisions) act, 1948. section 18 (1) of the 1950 act gave power to the court to rescind or vary decrees and orders or to give relief in pending suits in certain ..... the division bench sent the case to the learned chief justice for an appropriate reference to a special division bench under proviso (ii) of rule 1, chapter ii of the appellate side rules.17. on august 9, 1960, lahiri, c. j. constituted a special division bench consisting of bachawat, .....Tag this Judgment!
Court : Mumbai
Reported in : (1972)74BOMLR391
..... account. as already mentioned above, prior to the amendment act of 1955 there was no provision for criminal prosecution in the sea customs act. it was introduced for the first time by the amendment act of 1955. the preamble to the sea customs act, 1878, reads:an act to consolidate and amend the law relating to the levy of sea customs-duties. this preamble makes it clear that the purpose of the ..... customs (amendment) act, 1955. the statement of objects and reasons makes it clear that the legislature thought it necessary (i) to place certain existing practices on a statutory basis; (ii) to confer additional powers with regard to investigation on the customs officers in order to check smuggling effectively; and (iii) to provide by way of a more effective mode of checking smuggling criminal prosecution ..... rules also required consultation with the public services commission, those compensatory safe-guards did not make the procedure prescribed by the tribunal rules any the less discriminatory, as those rules i.e. the tribunal rules conferred on the state government unfettered discretion to direct an inquiry against a non-gazetted public servant either under the tribunal rules or under the service .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2001SC3897; 2001(2)ALD(Cri)234; 2001ALLMR(Cri)1497(SC); II(2001)BC773(SC); 2001(49)BLJR1955; 106CompCas574(SC); (2001)3CompLJ313(SC); 2001CriLJ4647; 2001(3)Crimes2; (2001)6SCC16
..... or before the 6th june of 1992'. the position has been further clarified by section 9a(1)(b) (introduced by way of amendment in 1994) which confers on the special court all the jurisdiction, powers and authority as were exercisable immediately before the commencement of the amended act by any civil court in relation to, inter-alia, any matter or claim -'arising out of ..... issue in the affirmative.13. while reaching its conclusion, the court observed:'........the scheme of section 7, in the light of the preamble of the act and the main purpose for enactment of the act, appears to be that all criminal proceedings pertaining to prosecutions in connection with the accused involved in transactions in securities during the relevant period will lie before the special ..... is that the prosecution is obliged to prove the case against the accused beyond reasonable doubt. the obligation on the prosecution may be discharged with the help of presumptions of law or fact unless the accused adduces evidence showing the reasonable possibility of the non-existence of the presumed fact.23. in other words, provided the facts required to form the ..... raising of the presumption had been established. 'it introduces an exception to the general rule as to the burden of proof in criminal cases and shifts the onus on to the accused' (ibid). such a presumption is a presumption of law, as distinguished from a presumption of fact which describes provisions by which the court 'may presume' a certain state of affairs .....Tag this Judgment!
Court : Mumbai
Reported in : II(1998)DMC569
..... haryana high court acquitting the husband of the offence punishable under section 306 of ipc. in para 24 of the judgment, the apex court referred to the amendment inserted by the criminal law (amendment) act, 1983 and observed as under :'...the degradation of society due to the pernicious system of dowry and the unconscionable demands made by greedy and unscrupulous husbands and ..... classification for the purpose of legislation. in order, however, to pass the test of permissible classification, apex court laid down two conditions which must be fulfilled, viz. that (i) the classification must be founded on an intelligible differential which distinguishes persons or things that are grouped together from others left out of the group, and (ii) that differential must ..... an enactment. it is assumed that the legislature understands and correctly appreciates the needs of its own people. its laws are directed to problems made manifest by experience and its ..... court is to examine the purpose and policy of the act and then to discover whether the classification made by the law was a reasonable relation to the object that the legislature seeks to achieve. the purpose and object of the act is to be ascertained from the examination of its title, preamble and provisions. there is a presumption of constitutionality of .....Tag this Judgment!
Court : Mumbai
Reported in : 1998CriLJ4496
..... the correctness of the judgment of punjab and haryana high court acquitting the husband of the offence punishable under section 306 of i.p.c. in para 24 of the judgment, the apex court referred to the amendment inserted by the criminal law (amendment) act, 1983 and observed as under:.the degradation of society due to the pernicious system of dowry and the unconscionable demands made ..... it is then contended that there is no vagueness or obscurity in the definition of the word 'cruelty' contained in section 498-a of i.p.c. lastly, it is submitted that looking to the reasons and objects of the criminal law (amendment) act 46 of 1983 which received the assent of the president on 25th december, 1983, (here is a rational nexus between the ..... enactment. it is assumed that the legislature understands and correctly appreciates the needs of its own people. its laws are directed to problems made manifest by experience and its classification ..... the court is to examine the purpose and policy of the act and then to discover whether the classification made by the law was reasonable in relation to the object that the legislature seeks to achieve. the purpose and object of the act is to be ascertained from the examination of its title, preamble and provisions. there is a presumption of constitutionality of an .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1959Bom346; (1958)60BOMLR1314
..... drawn to the observations of chief justice patanjali shastri in the case of state of madras v. v.g. row, : 1952crilj966 . in dealing with section 15(2)(b) of the criminal law amendment act, 1908, the learned chief justice at pp. 607-608 (of scr): (at p. 200 of air) observes that the right to form association or unions has such wide and varied ..... that discretion, then it cannot be said that an arbitrary and unfettered power is conferred upon the authority and that the restriction imposed is an unreasonable restriction. the preamble to the bombay police act lays down as under:'whereas it is expedient to amalgamate the district and greater bombay police forces in the state of bombay into one common police force and ..... playing of music, the illumination of streets, and public places, the blasting of rock and the use of loudspeakers, etc. it is urged that the objection of section 33(1)(w)(i) was to provide for rules or order relating to the licence and control of places of public amusement and that it does not empower the commissioner of police to frame ..... commissioner and the district magistrate, in areas under their respective charges or any part thereof, may make, alter or rescind rule or orders not inconsistent with this act for-- xxxx(w) (i) licensing or controlling places of public amusement or entertainment.(ii) prohibiting the keeping of places of public amusement or entertainment or assembly, in order to prevent obstruction, inconvenience, annoyance, risk .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1973SC1461; (1973)4SCC225; SuppSCR1
..... the conclusion of all legal proceedings connected with or incidental to any offence against the state committed on or about the date of the commencement of the act, whichever was later. the second criminal law amendment act of 1962 (no. 31 of 1962) substituted the chief justice for the minister of justice as the person to nominate the three judges but left ..... of the powers given by the statute. the abolition of appeals to privy council was a valid amendment. 1045. the decision in liyanage v. queen (1967) 1 a.c. 259 was also relied on by mr. palkhivala for the theory of implied and inherent limitations. the criminal law amendment act passed by the parliament of ceylon in 1962 contained substantial modifications of the ..... liyange's case,  1 a.c. 259 which was relied on by mr. seervai to show that an amendment of the constitution cannot be held to be void on the ground of repugnancy to some vague ground of inconsistency with the preamble.269. the parliament of ceylon effected various modifications of the criminal procedure code by the criminal law (special provisions) act, 1962. the appellants were ..... 259".2005. article 368 should be read without any preconceived notions. the framers of the constitution discarded the concept of "due process of law" and adopted the concept of "procedure established by law" in article 21. it is therefore reasonable to believe that they have discarded the vague standard of due process of law for testing the legitimacy of a constitutional amendment. due .....Tag this Judgment!